Res 2005-127 - Laserfiche WebLink

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ARTICLE XII INSURANCE, UNCONTROLLABLE CIRCUMSTANCES SECTION 12.1. INSURANCE. (A) Authority Insurance. At all times during the Term of this Service Contract, the Authority shall obtain and maintain or cause to be obtained and maintained the Required Insurance in accordance with the requirements of Appendix 9 and shall pay all premiums with respect thereto as the same become due and payable. The City shall remain responsible for obtaining and maintaining all property insurance relating to the Facilities and shall pay all premiums with respect thereto as the same become due and payable. (B) Insurers. Deductibles and City Rights. All insurance required by this Section shall be obtained and maintained from fmancially sound and generally recognized responsible insurance companies meeting the qualifications set forth in Appendix 9 or from the Texas Municipal League or from the Texas Water Conservation Association Risk Management Fund. The insurers or risk management funds shall be selected by the Authority and shall be authorized to write such insurance in the State. The insurance coverage may be written with deductible amounts approved by the City, and the City shall be responsible for paying all deductible amounts unless such loss is due to the Authority or its Subcontractor' gross negligence or willful misconduct or Authority Breach. The Authority shall also be responsible for all self-insured retentions contained in its insurance coverages, as well as any excluded losses if such losses are within the liability of the Authority hereunder. All policies evidencing such insurance shall provide for: (1) payment of the losses to the City and to the Authority as their respective interests may appear; and (2) at least 30 days' prior written notice of the cancellation thereof to the Authority and the City (except with respect to cancellation for non- payment of premiums to which at least a 10-day written notice shall be required). All policies of insurance required by this Section shall be primary insurance without any right of contribution from other insurance carried by the City. The City shall have the right to participate in all insurance claim settlement negotiations with respect to claims to which the City is a party; however, the City will not have approval authority over insurance settlements of claims. (C) Certificates. Policies and Notice. The Authority will provide to the City verification of coverage and copies of coverage amendments naming the City, its officers, officials and employees as "additional insureds" (except with respect to Workers' Compensation Insurance) for the Required Insurance. The provision of such coverage verification and coverage amendments is required by this Service Contract as a condition prior to the occurrence of the Commencement Date. Not later than 30 days prior to the beginning of each Contract Year throughout the Term, the Authority shall fumish the City with verification of 80